Customer Agreement - FBS

1 FBS Markets Inc Address: Orchid Garden Street, Belmopan, Belize, Payment agent: HDC Technologies Ltd Address: Arch. Makariou III & Vyronos, P. Lordos Center, Block B, Office 203 Customer Agreement FBS Markets Inc Address: Orchid Garden Street, Belmopan, Belize, Payment agent: HDC Technologies Ltd Address: Arch. Makariou III & Vyronos, P. Lordos Center, Block B, Office 203 FBS Customer Agreement 2 1. Subject of the Agreement This Agreement sets forth the terms and conditions of the Company s services provision. The Company provides the following services to the Customer : performing operations in financial markets, performing transactions with financial tools either presenting or not presenting on the organized market. This Agreement also sets forth the order of payments between the Parties, in connection with the aforementioned services provision. Accepting this Agreement the Client guarantees the following: In case the Client is a private person, he/she is a legal person of age.

2 In case the Client is a legal entity, the entity is capable and no one except the Client has any rights of demand or obligation in respect to the transactions performed in the Client s trading account. All the transactions on the Client s trading account are performed in compliance with this Agreement In case of any change or modification of personal data or expiration of personal identification documents, the Client is obliged within 3 business days to inform the Company of such changes/expiration. The notification must be sent by email containing the Client s first and last name, account number(s), phone, as well as Client s valid passport or ID and recent proof of residential address. The notification must be signed, scanned and sent to from the email the Client submitted during his/her account registration. The Company has the right to request other verification documents in order to verify the Client and comply with applicable know-your-client regulations.

3 Any delay or failure to comply with this clause shall amount to breach of these Agreement by the Client and can lead to closure of the Client s account(s). - In case the Client is a private person he submits the registration form personally. - If legal entity, the form is submitted by the person in charge. Client s Representations. The Client represents and warrants that he/she is free to enter into this Agreement , to perform each of the terms and covenants contained herein and that he/she is not restricted or prohibited, contractually or otherwise, from entering into or performing under this Agreement and that his/her execution of and performance under this Agreement is not a violation or breach of any other Agreement between the Company and any other person or entity. The Client understands and expressly agrees that the Company shall exercise its right to monitor activity of the Client and verify consistency of Client s behavior and trading activities on the Company s platform.

4 The Client further represents that he/she has complete understanding and is agreeing with all terms and conditions of this Agreement . 2. Company s services The term Company s services refers to any interactive services or software provided by the Company, which allow the Client to: Connect the Company or authorized third Party, receive information and/or quotes from the Company or authorized third party; Perform transactions on financial markets through the Company by means of Metatrader software, including electronic data transmission between the Client s PC (or any similar device) connected to the Internet and the Company s authorized network; Accepting this Agreement the Client confirms he/she has read the communication rules and agrees that he/she is only able to perform orders by means of trading terminal and the Company s live chat only. Company's services include Metatrader 4 and Metatrader 5 software pack, technical analysis means and any third parties'services offered along with the Company's services.

5 The Client confirms that the Company may modify, add, rename or leave unmodified the Company s services offered in compliance with this Agreement without prior notification. The Client also confirms that the Agreement is applied to the services which may be modified, added or renamed in future in addition to the services provided by the Company at present. As far as trading operations are concerned the Company only provides execution, not providing any asset FBS Markets Inc Address: Orchid Garden Street, Belmopan, Belize, Payment agent: HDC Technologies Ltd Address: Arch. Makariou III & Vyronos, P. Lordos Center, Block B, Office 203 FBS Customer Agreement 3 management or recommendations. The Company is not liable to (unless set forth in this Agreement ): Track any Client s trading operation status and inform the Client about it; Close any Client s open position; Attempt to execute any Client s order by different quotes than the quotes offered in Metatrader 4 trading platform Company s services do not include providing recommendations or information capable of engaging the Client to perform any transactions.

6 In exceptional cases the Company reserves a right to provide information, recommendations or advice to the Client, however, in these cases the Company will not be responsible for any consequences of such recommendations and advices. Despite the Company reserves a right to close or decline any Client s position, all the trading operations performed by the Client as a result of imprecise information and/or mistake still remain in force and are mandatory for both the Client and the Company. The Company is not a tax agent and acts under the legislation of the Belize. The Parties comply with their tax and/or any other obligations independently and on their own. The Company reserves a right to decline t h e Client and offer him/her to withdraw the deposit in case his/her activity or interaction with the Company is deemed inappropriate and/or incorrect. No actual supply of the currency or base asset of a CFD is made within a trading operation. All the profits and losses are deposited/deducted from the Client s trading account balance immediately after the position closure.

7 3. Orders and requests The complete official information regarding the current trading conditions is located at in Trading Conditions section. The Company reserves a right to change the trading conditions with a prior notification as mentioned in p Client s orders and requests During trading operations the following execution methods are applied: Market execution method for Futures and Stock CFDs; Market execution method for FOREX market trading tools Any Client s order given by means of Metatrader 4 trading terminal generally goes through the following steps: a) The Client submits an electronic order; b) The client terminal sends the order or request to the server; c) Provided there is a stable connectivity between the client terminal and the server, the order is received by the server and verified; d) In case the order is valid, it is put into the queue. In this case Please Order is being processed by the server message is displayed in the Order window of the client terminal; e) The server returns the order processing results to the client terminal; f) Provided there is a stable connectivity between the client terminal and the server, the terminal receives the order or request processing results.

8 The Client can cancel a sent order only while it is in queue with Order is accepted status. In this case the Client should press Cancel order button. Due to the specifics of Metatrader 4 platform order cancellation in this case cannot be guaranteed. In case the order has reached the dealer and has Order is in process status, such order cannot be cancelled. The time of the order processing depends on the connection between the client terminal and the Company s server, as well as on the current market conditions. During regular market hours the order processing time usually is 1 to 5 seconds. In irregular market conditions, the processing time can last longer. FBS Markets Inc Address: Orchid Garden Street, Belmopan, Belize, Payment agent: HDC Technologies Ltd Address: Arch. Makariou III & Vyronos, P. Lordos Center, Block B, Office 203 FBS Customer Agreement 4 In case the current quote of the financial instrument changes at the moment when the Company is processing the Client s request, the Company reserves the right to use the new price (Bid/Ask).

9 In such case, the Client s request will be processed at the new price. A Client s request is declined in the following cases: a) During market opening when the order is sent before the first quote is received by the trading platform; b) In irregular market conditions; c) In case the Client doesn t have sufficient margin. In this case No quote or Not enough money message is displayed by the trading platform; d) In case the Client uses an electronic advisor performing over 30 requests per minute the Company reserves a right to ban such EAs. e) For instruments with fixed spread or fixed commission for order opening with no spread, the Company reserves the right to change to Close only mode and decline new requests for order opening with the comment Trade is disabled in case spread on the basic contract exceeds the size of fixed spread or commission amount. The general means of sending orders and requests is the trading terminal. Orders and requests can also be sent by phone or live chat.

10 In exceptional cases the use of the same IP address by different Clients can be a basis to consider all the orders on all the accounts, performed form this IP address, as those performed by the same Client. Orders opened or closed by off-market quotes can be cancelled: a) In case the order was opened by an off-market quote b) In case the order was closed by an off-market quote The Company doesn t allow the usage of arbitrage strategies on connected markets ( currency futures and spot currencies). In case the Client uses arbitrage in either clear or hidden way, the Company reserves a right to cancel such orders. The Company reserves a right to cancel Client s orders in case they do not comply with this Agreement Trading operations A buy order is opened by Ask price. A sell order is opened by Bid price. A buy order is closed by Bid price. A sell order is closed by Ask price. Position rollover. Swap addition/deduction to open orders is carried out from 23:59:00 to 00:10:00, trading platform time.